sec.113Breaches of discipline generally

### sec.113 Breaches of discipline generally A regulation may prescribe an act or omission to be a breach of discipline by a prisoner. A corrective services officer need not start proceedings against a prisoner for a breach of discipline if the officer considers the proceedings should not be started having regard to— the trivial nature of the breach; or the circumstances surrounding the commission of the breach; or the prisoner’s previous conduct. A corrective services officer must not start proceedings against a prisoner for a breach of discipline if the prisoner’s act or omission was referred to the commissioner under section 114 (5) , unless the commissioner has advised the chief executive that the matter is not to be prosecuted as an offence. If a corrective services officer decides to start proceedings against a prisoner for a breach of discipline, the officer must decide, having regard to the matters mentioned in subsection (2) , whether the prisoner should be proceeded against for a major breach of discipline or a minor breach of discipline. However, if a prisoner’s act or omission was referred to the commissioner under section 114 (5) and is not to be prosecuted as an offence, a corrective services officer may only decide whether the prisoner should be proceeded against for a major breach of discipline. s 113 amd 2020 No. 23 s 69 s ch 1 pt 1 (sec.113-ssec.1) A regulation may prescribe an act or omission to be a breach of discipline by a prisoner. (sec.113-ssec.2) A corrective services officer need not start proceedings against a prisoner for a breach of discipline if the officer considers the proceedings should not be started having regard to— the trivial nature of the breach; or the circumstances surrounding the commission of the breach; or the prisoner’s previous conduct. (sec.113-ssec.3) A corrective services officer must not start proceedings against a prisoner for a breach of discipline if the prisoner’s act or omission was referred to the commissioner under section 114 (5) , unless the commissioner has advised the chief executive that the matter is not to be prosecuted as an offence. (sec.113-ssec.4) If a corrective services officer decides to start proceedings against a prisoner for a breach of discipline, the officer must decide, having regard to the matters mentioned in subsection (2) , whether the prisoner should be proceeded against for a major breach of discipline or a minor breach of discipline. (sec.113-ssec.5) However, if a prisoner’s act or omission was referred to the commissioner under section 114 (5) and is not to be prosecuted as an offence, a corrective services officer may only decide whether the prisoner should be proceeded against for a major breach of discipline. - (a) the trivial nature of the breach; or - (b) the circumstances surrounding the commission of the breach; or - (c) the prisoner’s previous conduct.